the days upon which he shall pay the balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be paid by him. And with respect to any such receiver as shall neglect to leave and pass his accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the judge before whom any such receiver is to account may from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary therein claimed by such receiver, and may also, if he shall think fit, charge him with interest at the rate of 51. per cent. per annum upon the balances so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such receiver (a).

Receivers' accounts are to be in the form prescribed by the Rules of the Supreme Court (b).

Every receiver shall leave in the chambers of the judge to whom the cause or matter is assigned his account, together with an affidavit verifying the same in the Form No. 22 in Appendix L., with such variations as circumstances may require. An appointment shall thereupon be obtained by the plaintiff or person having the conduct of the cause for the purpose of passing such account (c).

In case of any receiver failing to leave any account or affidavit, or to pass such account, or to make any payment, or otherwise, the receiver or the parties, or any of them, may be required to attend at chambers to show cause why such account or affidavit has not been left, or such account passed, or such payment made, or any other proper proceeding taken, and thereupon such directions as shall be proper may be given at chambers or by adjournment into Court, including the discharge

a) Rule 18.

(b) Rule 19. See Appendix.

(c) Rule 20.

of any receiver and appointment of another, and payment of costs (d).

A certificate of the chief clerk stating the result of a receiver's account shall from time to time be taken (e).

A receiver has been appointed where the debtor's interest was an equity of redemption (f); where the writ of attachment could not be served (g); where there was a fund in Court due to the judgment debtor (h); where the judgment debtor's interest was a reversionary interest under a will (i); where the debtor was entitled for life to dividends on consols, &c. in the names of trustees of her husband's will; and for receiving the income of trust funds (k); over the separate estate of a married woman (1); over the estate of a deceased co-respondent condemned in costs of divorce proceedings (m); over a deposit receipt held in the joint names of the debtor and another, even though the whole beneficial interest in the fund be in the judgment debtor (n); as to furniture and household effects of a defendant not complying with an order to pay money into Court (0).

The procedure is by a judge's summons in chambers in the action for the appointment of a receiver of the particular property sought to be taken in equitable execution (p); the summons must be supported by an

(k) Bryant v. Bull, 10 Ch. D. 153; Oliver v. Lowther, 28 W. R. 381; Webb v. Stenton, 11 Q. B. D. 518.

(1) Bryant v. Bull, supra; Re Peace & Waller, 24 Ch. D. 405; Bird v. Argent, 4 T. L. R. 12. But see Hood-Barrs v. Heriot, 64 L. J. Q. B. 717, C. A.; Whittaker v. Cohen, 69 L. T. 451.

(m) Waddell v. Waddell, (1892) P. 226.

(n) O'Donovan v. Goggin, 30 L. R. Ir. 579.

(0) Re Whiteley, 56 L. T. 846. (P) Ord. LIV. r. 12 (b).

affidavit stating that the judgment is unsatisfied, and that the debtor either has no property otherwise seizable, or that such property is practically inconvenient to be reached, and setting out the nature of and the debtor's interest in the property in respect of which a receiver is required.

A party to the action is only rarely appointed as the

receiver.

The Court will, where necessary, grant an injunction in aid of the execution, to restrain the debtor dealing with the property to the prejudice of the creditor (q).

In case of the appointment being opposed or objected to by a third person, the best course is for the matter to be referred to the master for him to determine the question in dispute and report thereon to the Court or judge who referred the matter ().

The effect of the appointment of a receiver is to put the creditor, by means of the receiver, into the same position as the debtor with respect to the beneficial interest in the subject-matter of the appointment (s).

The rights and duties of a receiver appointed by way of equitable execution are the same as when he is appointed for other purposes.

(9) Oliver v. Lowther, 28 W. R. 381; Archer v. Archer [1886], W. N. 66.

(r) Walmsley v. Mundy, 13 Q. B. D. 807.

(8) Whitworth v. Gaugain, 3

На. 425.

CHAPTER IV.

CHARGING ORDERS, STOP ORDERS, ETC.

BESIDES the various remedies mentioned in the last chapter, the assignee has the right, as well as the necessity often, to obtain various orders whereby he may secure to himself the enjoyment of the full benefits sought to be transferred to him by means of the assignment of the chose in action.

Amongst such are charging orders, stop orders, and the once prevalent but now obsolete process known as distringas.

An order charging stock or shares may be made by any divisional Court or by any judge, and the proceedings for obtaining such order shall be such as are directed, and the effect shall be such as is provided, by the Acts 1 & 2 Vict. c. 110, ss. 14 and 15, and 3 & 4 Vict. c. 82, s. 1 (a).

The sections referred to in this rule provide as follows:-

"And be it enacted, that if any person against whom any judgment shall have been entered up in any of her Majesty's Superior Courts at Westminster shall have any government stock, funds, or annuities, or any stock or shares of or in any public company in England (whether incorporated or not), standing in his name in his own right, or in the name of any person in trust for him, it shall be lawful for a judge of one of the superior

(a) Ord. XLVI. r. 1.

Courts, on the application of any judgment creditor, to order that such stock, funds, annuities, or shares, or such of them or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of such order" (b).

"And in order to prevent any person against whom judgment shall have been obtained from transferring, receiving, or disposing of any stock, funds, annuities, or shares, hereby authorized to be charged for the benefit of the judgment creditor under an order of a judge, be it further enacted, that every order of a judge charging any government stock, funds, or annuities, or any stock or shares in any public company, under this Act, shall be made in the first instance ex parte, and without any notice to the judgment debtor, and shall be an order to show cause only; and such order, if any government stock, funds, or annuities standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is to be affected by such order, shall restrain the Governor and Company of the Bank of England from permitting a transfer of such stock in the meantime and until such order shall be made absolute, or discharged; and if any stock or shares of or in any public company, standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by any such order, shall in like manner restrain such public company from permitting a transfer thereof; and that if, after

(b) 1 & 2 Vict. c. 110, s. 14.